Page:Federal Reporter, 1st Series, Volume 1.djvu/860

 852 FEDEBAIi BEFOBTEB. �Nixon, J. The complainants are owners of certain lettera patent, numbered 73,684, and dated January 21, 1868, issued to John Henry Wood, for "improvements on wagons for un- loading coal, " and have brought their suit against the defend- ant for infringing on the same. �The defendant, in his answer, denies (1) the novelty and usefulness of the patent, and (2) the alleged infringement. �The eomplainant's patent is for a mechanism to accom- plish a certain resuit, to-mt : the unloading of coal, or other material, from wagons. The inventer, in his specifications, calls it an improvement upon old devices for the same object, and he is entitled to have the benefit of ail original devices or combinations that accomplish new and better resulta than existing organizations, but only for such. Whatever he has incorporated into his patent from the common property of the public, at the date of his invention, still belongs to the public. Raïlway Co. v. SayUa, 7 Otto, (97 U. S.) 654. �The first inquiry, then, will be, what is claimed as new in the eomplainant's patent? �The patentee says, in the schedules, that the nature of his invention consists in the funnel-shaped mouth, attached to the cart or wagon, in combination with the chute and valve. He claims (1) the attachment of a funnel-shaped or inclined mouth, D, of any material, to the rear or side of a cart or wagon, as herein described, and for the purpose set forth ; (2) the valve or gate, E, at the end of the mouth, D, or in the chute or tube, G, when combined as herein described and for the purpose set forth; (3) the hingea or sliding chutes or tubes, H, when attached to an open mouth, or the end or side of a cart or wagon, for the purpose herein set forth. �He is presumed to know what he invented, and he tells us with sufficient clearness. He must stand here upon his claims; for the thing patented is what the inventer claims, and not what he shows. If he states these too narrowly, the law authorizes him to surrender the patent, and re-issue the same with ampler statements; but, until this is done, the courts cannot give him more than he asks for. Couse e Blood y. Johnson, Black e Co, 16 Oflf. Gaz. 719. He says the patent ��� �